Injured - The FindLaw Accident, Injury and Tort Law Blog

Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.


Recently in Slip and Fall / Premises Liability Category

The trial against the city of Chicago as a result of a serious injury accident at O'Hare Airport a few years ago is set to move forward soon, unless a settlement can be reached as to the monetary award. The city has assumed liability and admitted fault, leaving the court to determine the extent of the damages.

In 2015, Tierney Darden was standing in a shelter at O'Hare Airport in Chicago, when the 750 pound shelter collapsed on top of her. What's worse, the accident caused Ms. Darden's spinal cord to be severed, leaving her permanently paralyzed. Investigators discovered that the shelter Ms. Tierney was standing in had missing bolts and other obvious signs of inadequate maintenance.

A recent investigatory report in South Carolina uncovered a disturbing trend among many home daycare providers: an alarmingly high rate of providers aren’t in compliance with laws requiring health and safety training. Despite there being a law requiring home daycare providers to partake in annual training, the law lacked any enforcement or monitoring mechanism.

The lack of enforcement in South Carolina allowed countless home daycares in several different counties to continue to operate despite being out of compliance with the law requiring home daycare workers to fulfill annual training.

We ask nursing homes to care for our elderly loved ones specifically to keep them safe from injuries. Due to their age and the possibility of other ailments, nursing home injuries can severely impact an elderly person's health, wellbeing, and future care.

And while it would seem obvious for nursing homes to take special precautions to keep residents and patients from falling, a new study from the Journal of the American Medical Association suggests nursing homes aren't doing enough to prevent falls and that those falls can lead to a significant amount of traumatic facial injuries.

If you are injured by someone else’s negligence while shopping at a Walmart, or any big box store, you may be wondering what you need to do in order to recover. Depending on how the injury happened, you may be able to negotiate a settlement with a claims representative. If your claim is against Walmart itself, you’ll likely need to file a lawsuit against the store (as Walmart has a bad reputation for not settling injury claims).

What might come as a shock to many is that Walmart tops the charts when it comes to the number of lawsuits they face annually. While recent statistics are difficult to track down, at one point, the goliath faced approximately 5,000 new cases per year, or nearly 13 lawsuits every single day.

Americans love the gym. Whether we miss the activity and exercise from recess and gym class in school or we're wistful for the waistline from our younger days, millions of us are spending millions of hours in the gym and millions of dollars on gym memberships. And we expect that gyms will show the same dedication to their equipment -- buying the best and maintaining equipment in the best condition.

But what happens when that doesn't happen? Are gyms liable for injuries caused by faulty equipment?

The Clakamas County annual Easter Eggstravaganza egg hunt is scheduled to proceed this year with 20,000 eggs, and the Easter bunny being flown in by Helicopter, just like tradition dictates. However, a recent lawsuit for $112,000 filed against the Eggstravaganza venue and organizer as a result of an injury that occurred last year is attracting attention in the lead up to this year’s event.

Although the event is geared towards participants under 12, last year, an adult who was accompanying their child was injured when the crowd rushed in, knocking her over, causing her a severe knee injury. The injury required surgery and a protracted recovery. The lawsuit alleges that the venue and organizer were negligent in not providing sufficient staff, security, and/or crowd control to ensure the safety of attendees.

Proving that one false step can change the rest of your life, a Pennsylvania man was left blind after falling off an unmarked step leaving a shopping center. And proving that there may still be some justice left in the world, a jury awarded him $4M in a lawsuit against the property owner.

It may be the largest personal injury award in York County, according to the man's attorney, and comes four years after the incident. Here's a look.

Spring break can be an unforgettable experience for college kids across the country. Unfortunately, for many, those memories include getting injured while partying.

When a person is injured while on vacation, or on spring break, they may not know what to do. Below, you find a list of five common spring break injuries and legal remedies.

A bicyclist from San Diego will soon be receiving a little bit of justice in the form of a check for nearly $5 million. After being severely injured due to a crash caused by poorly maintained city sidewalks, the cyclist will likely require a lifetime of medical care and incur other costly expenses, which the large settlement will go a long way toward providing.

The injury cyclist was bicycling to a friend’s home when he rode over a cracked sidewalk that the lawsuit described as a “launching ramp.” The ramp sent him flying 28 feet into the air. Upon landing and skidding, the cyclist severely injured his back, spine, and even suffered a stroke.

How to Prove Landlord Negligence

When an injury occurs, or a financial loss occurs, as a result of a landlord’s negligence, an individual will likely need to be able to prove their case in order to recover. Rarely are injuries or losses so clearly the result of an action or failure to act that the injury or loss itself is evidence enough.

Negligence occurs when one person acts carelessly, or without regard for the consequences of their actions, or if that person fails to act when they should have done something, and their action, or failure to act, causes another person to be injured or suffer a financial loss. The most common negligence cases involve car accidents, as these tend to occur due to one driver’s inattention. However, frequently, when a person is injured on the property of another, the property owner (or controller) can potentially be found negligent under the legal theory of premises liability.